AUGUSTA – The Legislative Council voted 7-3 Wednesday not to approve a bill allowing the mother of a child who died in foster care to bring a wrongful death lawsuit against the Department of Human Services.

Rep. Stavros Mendros, R-Lewiston, sponsored the bill on behalf of Christy Baker, whose 5-year-old daughter, Logan Marr, died in January from asphyxiation after her foster mother covered her mouth with duct tape and left her alone in the basement.

Foster mother Sally Schofield of Chelsea, a former DHS worker, has been charged with manslaughter.

Residents cannot sue the state without legislative approval.

Calling the after-deadline legislation premature, council members said they were deeply troubled by the tragedy but felt the criminal investigation should be completed first.

Waiving the state’s immunity should be used only as a last resort, according to Sen. Beverly Daggett, D-Augusta.

“I will continue to fight for justice and this just goes to prove how the system in Maine really works,” said Baker, who held a small, white box containing her daughter’s ashes as she sat in a State House hallway after the vote.

Mendros could barely contain his disappointment and frustration during a telephone conversation Wednesday evening.

“Today I am truly ashamed to be a member [of the Legislature],” he said. “I’m furious for what they did to Christy, that she had to sit here and once again be ignored by another branch of government.”

The legislator blamed the council’s decision on partisanship and a personal bias against him.

“Nothing else makes sense, this was an open-and-shut case,” he said. “I am by no means giving up.”

Mendros said Sens. Rick Bennett of Norway and Paul Davis of Sangerville and Rep. Bill Schneider of Durham, all three Republicans, voted for the bill.

“I kind of expected the Democrats to vote against it,” he said.

“Now Christy Baker is going to have to suffer because a bunch of legislators have a personal problem with me.

“Tonight I can go to bed and sleep and I won’t have nightmares about a little girl suffocating. I wonder how the seven of them will sleep,” Mendros said.

Proposed after the Dec. 15 deadline, the bill had to be approved by a majority of the 10-member Legislative Council, which includes the president of the Senate, speaker of the House, floor leaders and assistant floor leaders.

The Associated Press contributed to this report.